The Court of Appeal has reduced the prison sentence of a man after finding that his aggregate sentence for three offences of house trespass with intent to commit theft was manifestly excessive, while affirming that the individual sentences imposed for each offence were appropriate.
In a judgment delivered on June 30, the Court of Appeal granted Yasir bin Yahya’s application for an extension of time to appeal and substituted his overall sentence of four years’ imprisonment with three years’ imprisonment.
The appeal was heard by Chief Justice Dato Seri Paduka Steven Chong, Justices of Appeal Michael Victor Lunn and Sir Nicholas Blake.
Yasir appeared in person, while Deputy Public Prosecutors Emily Goh and Mohammad Syafi’e Habibuallah @ Edi Syafi’e bin Edi Mirhan appeared for the Public Prosecutor.
The court heard that Yasir, identified as the third accused (D3), was jointly charged with two co-accused over a series of house trespass offences committed in Temburong between October and November 2024. He pleaded guilty to three charges of house trespass with intent to commit theft under Section 451 of the Penal Code.
The first offence involved a house at Kampong Seri Tanjong Belayun. Yasir acted as a lookout while his co-accused forced open the back door before they stole a Sharp television, a coffee maker, seven Shimano fishing rods, a cool box and a children’s bicycle. The items were loaded into a school bus driven by one of the co-accused with the intention of selling them, although most were later discarded after being damaged. The cool box was eventually recovered by police.
The second offence occurred at an unoccupied house in Kampong Sibatang. Yasir and a co-accused entered through a damaged rear sliding door and stole five carpets, a vacuum cleaner and an aluminium ladder. Four carpets were later sold through Facebook for BND40 each, with the proceeds shared between them. Yasir separately sold the aluminium ladder for BND40 and kept the proceeds. One carpet was recovered from his residence.
The third offence targeted a house in Kampong Bekarut. Together with his two co-accused, Yasir acted as a lookout while they forced entry before stealing three gas cylinders, a gold ring, 13 machete blades, an LG television and a torchlight. Yasir later admitted selling the gas cylinders, television and three machete blades for a total of BND280. The torchlight was recovered from a co-accused’s residence.
The Intermediate Court sentenced Yasir to two years’ imprisonment on each of the three charges after reducing a three-year starting point to reflect his guilty plea. Parts of the sentences were ordered to run consecutively, resulting in an aggregate sentence of four years’ imprisonment.
Before the Court of Appeal, Yasir, who was 42 at the time of the offences and had no previous convictions, sought a reduction in sentence. He cited his responsibilities towards his wife, four children and elderly parents, and expressed remorse for his offending.
The Public Prosecutor accepted that the overall sentence was at the higher end of the established sentencing range and submitted that a total sentence of between three and three-and-a-half years would adequately reflect the gravity of the offences.
Delivering the judgment, Chief Justice Dato Seri Paduka Chong said the individual sentences imposed on each charge fell within the established sentencing range and did not warrant interference.
However, the court found that the aggregate sentence of four years’ imprisonment was manifestly excessive after considering Yasir’s previous good character and his guilty plea at the first reasonable opportunity.
The court noted that while the offences were committed against three separate victims over about one month, the principle of totality required the overall sentence to remain proportionate.
The Court of Appeal ordered six months of the sentences imposed on the second and third charges to run consecutively with the two-year sentence on the first charge, with the remaining portions to run concurrently, resulting in an aggregate sentence of three years’ imprisonment.
In concluding the judgment, the court also commended Deputy Public Prosecutor Emily Goh for her “measured, balanced and fair” submissions, particularly as Yasir appeared without legal representation.